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HomeMy WebLinkAbout1982 - Easement Agreement for Water and Sanitary Sewers - Pacific Townhouse Builders / Park Place - 8205260591EASEMENT AGREEMENT FOR WATER AND SANITARY SEWERS RED) F CPSHSL See Exhibit "A the terms of which are incorporated herein by this reference. *0591 THIS AGREEMENT is made this day of %3/41-7.7 1982, by and between the City of Tukwila, a municipal corpora- tion of King County, Washington "Grantee and PACIFIC TOWN- HOUSE BUILDERS PARKE PLACE, a Joint Venture "Grantor Grantor owns the following described parcel of real es- tate which is commonly referred. to as Phase I, Phase II, and single family plat of the Sunwood Development in the City of Tukwila, Washington: By Bill of Sale executed simultaneously herewith, Gran- tor has conveyed to Grantee water and sanitary sewer mains lo- cated within the above described property and, in connection therewith, Grantor hereby grants to Grantee the utility Rights of Way described in Exhibits "B" and "C" attached hereto, the terms of which are hereby incorporated by this reference. To afford Grantee ingress to and egress from the above described utility Rights of Way, Grantor further grants to Grantee the following, nonexclusive access Rights of Way: A. See Exhibit "D" attached hereto, the terms of which are incorporated herein by this reference. B. A general right of access to and fro across the above described Phase I, Phase II, and single family plat for accom- plishment of the utility purposes, as the same are herein de- fined. Utility Purposes. Grantee shall have the right to con- struct, operate, maintain, repair and replace an underground system of water and sanitary sewer mains under the above de- scribed utility Rights of Way, together with all necessary or convenient appurtenances therefor which may include ground le- vel manholes, water meters, fire hydrants and service lines lying outside of the above described utility Rights of Way. Grantor's Use of Rights of Way. Grantor reserves the right to use the surface of the utility Rights of Way, so long as said use does not interfere with the installation and maintenance of the utilities, and so long as no perman- ent buildings, structures or improvements are placed on said easement, except those carport structures which are within the above described easements as of date hereof, photographs of which Grantor has herewith provided Grantee. Hold Harmless; Indemnity. By accepting and recording this Agreement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted. If possible, Grantee's use of the easements granted herein shall be accomplished in such a manner that the pri- vate improvements existing in the Rights of Way shall not be disturbed or destroyed. In the event they are disturbed or destroyed, however, Grantor will have the sole responsibil- ity for restoring or replacing said private improvements at its own expense. DATED this day of 1982. GRANTOR: PACIFIC TOWNHOUSE BUILDERS PARKE PLACE, a Joint Venture BY: Parke Place Number One, Inc. by >>Rfchard A. Gilroy, BY: Parke Place Number Two, Inc. by Gerald F. Molitor, President BY: Parke Place Number Three, Inc. Donald _F: D'l.ly, Re ident by GRANTEE: CITY OF TUKWILA /'/r/dy4 ATTEST: Mayor -3- lo. O'.I•ces Casey. 1h6r,on Ker.V. i euh Floor P•c.6c E.,•Id•' Seattle. wasn.,glon'ea •731577 STATE OF WASHINGTON ss COUNTY OF /604H On this .4 day of A//,?N1 1982, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RICHARD A. GIL- ROY, to me known to be the President of PARKE PLACE NUMBER ONE, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to 0) execute the said instrument and that the seal affixed (if any) In is the corporate seal of said corporation. CO Csl WITNESS my hand and offical seal hereto affixed the day Lt 0 and year in this certificate first above written. UD STATE OF WASHINGTON COUNTY OF E 7 e On this Jeit day of fiehh0611 1982, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GERALD F. MOLITOR, to me known to be the President of PARKE PLACE NUMBER TWO, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,. and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and offical seal hereto affixed the day and year in this certificate first above written. ss Notary Public i and' State of Washington, residing `at E /C Notary Public i= and the State of Washington, residing, at i1 t/ -4- -tJ Law C'f.crt Ca e, P..,.r lern Floor P.c,Lc !Lo Scattle. W.tn,rglon 4219 623 3577 STATE OF WASHINGTON ss COUNTY OF�c On this 300 day of Meet/ 198, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DONALD F. DALLY, to me known to be the President of PARKE PLACE NUMBER THREE, INC., the corporation that executed the foregoing instrument, and ack- nowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and offical seal hereto affixed the day and year in this certificate first above writ,.en. -5- Notary Public inland for the State of Washington, residing at 0 F f EV'Z STATE OF WASHINGTON ss COUNTY OF( C On this 01 day of 1982, before me, the undersigned, a Notary Public innd for the State of Washington, duly commissioned and sworn, personally appeared Fcan and d to me known to be the Mayor and City Clerk, respectively, of the CITY OF TUKWILA, the municipal corporation that executed the fore- going Easement Agreement and acknowledged the said Easement Agree- ment to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said Easement Agreement. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. Notary Public in and for :the -State of Washington, residing at la. 0 Gster. PiOa. 1 Ko.ar 16th Floor Pac;Lc {adds Seattle, W 9E1 423 3S11 EXHIBIT "A" SUNWOOD PHASE I, II AND SINGLE FAMILY LOTS LEGAL DESCRIPTION Total parcel Tracts 8, 9, 10, Interurban Addition to City of Seattle, according to the Plat recorded in Volume 10 of Plats, page 55, records of King County, Washington. TOGETHER WITH vacated So. 152nd St. between Tracts 8 9; EXCEPT that portion deeded to City of Tukwila under Receiving No. 7201070396. 4O e QD JD Sunwood .'.lase I 78 006 Sanitary Sewer Easement 5/22/80 That portion of Lot 11, Interurban Addition to City of Seattle, according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, and that portion of Parcel A, City of Tukwila Boundary Line Adjustment No.5 as recorded under Rec. No.7906150924, said Parcel A being a portion of Lot 9 and 10 of said Interurban Addition, lying within a strip of land 10.00 feet in• width, being 5.00 feet on each side of the following described 5 centerlines: Centerline No.1 Commencing at the Northeast corner of said Lot 11; thence N88 25'27 "W along the North line thereof 5.00 feet to the west line of the east 5.00 feet in width of said Lot 11; thence S01 21'40 "W along said west line 213.96 feet to the POINT OF BEGINNING of the herein described centerline; N88 °02'08 "W 200.37 feet to a point hereinafter referred to as Point "A thence N4 3 4 '39 "W 99.09 feet; thence N00 °37'51 "E 153.51 feet to a point hereinafter referred to as Point "8 thence N00 57'10 "E 102.27 feet thence N16 14'20 "W 26 feet to a point hereinafter referred to as Point "C thence N28 32'44 "W 100.06 feet to the northwesterly line of Parcel A and the terminus of the herein described centerline. Centerline No.2 BEGINNING at the aforementioned Point "A thence N07 25'22 "E 43.00 feet to the terminus of the herein described centerline. Centerline No.3 BEGINNING-at the aforementioned Point "B thence N88 °34'49 "W 132.37 feet to the terminus of the herein described centerline. Centerline No.4 BEGINNING at the aforementioned Point "B thence N87 25'22 "E 173.96 feet; thence N00 33'09 "W 257.05 feet to the terminus of the herein described centerline. Centerline No.5 BEGINNING at the aforementioned Point "C thence S61 27'16 "W 12.00 feet to the terminus of the herein described centerline. TRIAD ASSOCIATES 1960-112TH AVENUE N.E BELLEVUE, WA 98004 Exhibit "B" WRITTEN BY CHECKED BY S SUNW00D PHASE 11 78 Sanitary Sewer Easement Description 15 JAN 1982 Exhibit B -1 That portion of Tracts 8 and 9, Interurban Addition to the City of Seattle according to plat recorded in Volume 10 of'Plats, page 55, records of King County, Washington and of Vacated South 152nd Street, lying within a strip of land 24.00 feet in width, being 12.00 feet on each side of the following described centerline: Beginning at the southwest corner of Lot 10, said plat of Interurban Addition; thence NO2 08'21 "E along the west line thereof 285.00 feet; thence S88 25'27 "E 108.00 feet; thence S28 25'27 "E 25.00 feet thence N 34'33 "E 155.00 feet; thence N28 25'27 "W 114.00 feet; thence N61 34'33 "E 29.00 feet to the TRUE POINT OF BEGINNING; thence N26 09'08 "W 9.9.26 feet; thence N23 51'00 "W 100.66 feet to a point hereinafter called "Point A thence N23 51'00 "W 34.84 feet to a point of curve; thence on a curve to the right, having a radius of 120.00 feet, through a central angle of 21 02 "21" an arc distance of 44.06 feet to a point of reverse curve; thence on a curve to the left, having a radius of 120.00 feet, through a central angle of 16 25'44 an arc distance of 34.41 feet to a point of reverse curve; thence on a curve to the right, having a radius of 120.00 feet, through a central angle of 21 °22'44" an arc distance of 44.78 feet; thence NO2 08'21 "E 142.07 feet; thence S88 25'27 "E 171:04 feet to a point of curve; thence on a curve to the right, having a radius of 100.00 feet, through a central angle of 34 00'08 "E, an arc distance of 59.35 feet, said strip of land now being 10.00 feet in width, being 5.00 feet on each side of the centerline; thence N14 51'27 "E 70.24 feet; thence N79 04'53 "E 155.90 feet to a point hereinafter called "Point B thence S84 10'33 "E 128.65 feet to the westerly margin of 62nd Avenue South as conveyed to the City of Tukwila by instrument recorded under Receiving Number 7201070396, records of said County and the terminus of this described centerline. TOGETHER WITH those portions lying within strips of land 10.00 feet in width, being 5.00 feet on each side of the following three described centerlines. Centerline No. 1 Beginning at the True Point of Beginning of said aforementioned 24.00 -foot wide strip of land; thence S26 °09'08 "E 99.79 feet; thence S57 31'48 "W 4.84 feet to the TRUE POINT OF BEGINNING of Centerline No. 1; thence S57 31'48 "W 128.97 feet to the terminus of this described centerline. Centerline No. 2 Beginning at aforementioned "Point A thence S66 44'38 "W 80.93 feet to the terminus of this described centerline. Centerline No. 3 Beginning at aforementioned "Point B thence S06 04'09 "E 260.40 feet to the terminus of this described centerline. Exhibit B -1 TRIAD ASSOCIATES 11415 N.E. 128TH STREET KIRKLAND. WA ARnva WRITTEN BYE .l !1S CHECKED RY 1v' •S. Sunwood Phase I Waterline Easement EXHIBIT "C" That portion of Lot 11, Interurban Addition to City of Seattle, according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, and that portion of Parcel A, City of Tukwila Boundary Line Adjustment No. 5 -79, as recorded under Recording No. 7906150924, said Parcel A being a portion of Lots 9 and 10 of said Interurban Addition, lying within a strip of land 10.00 feet in width, being 5.00 feet on each side of the following described 16 centerlines: Centerline No. 1 Commencing at the northeast corner of said Lot 11; thence S01 21'40 "W along the west line of said Lot 11, a distance of 194.40 feet to the POINT OF BEGINNING of the herein described centerline; thence N89 38'23 "W 73.90 feet to a point herein- after referred to as Point "A thence continuing N89 38'23 "'W 124.20 feet; thence N44 28'08 "W 87.60 feet; thence N01 18'18 "E 92.95 feet to a point hereinafter referred to as Point "8 thence continuing N01 18'18 "E 133.79 feet; thence N15 54'32 "W 35.64 feet to_a point hereinafter referred to as Point "C thence continuing N15 54'32 "W 92.68 feet to a point hereinafter referred to as Point "D thence continuing N15 54'32 "W 109.21 feet to a point hereinafter referred to as Point "E thence N20 °44'24 "W 78.38 feet; thence N29 21'06 "W 77.32 feet to a point on the north line of said Parcel A and the terminus of the herein described centerline Centerline No. 2 BEGINNING at the aforementioned Point "A thence 500 21'37 "W 44.00 feet to the terminus of the herein described centerline: Centerline No. 3 BEGINNING at the aforementioned Point "B thence S87 36'59 "E 34.18 feet to the terminus of the herein described centerline. Centerline No. 4 BEGINNING at the aforementioned Point "C thence N76 55'01 "E 27.26 feet to a point hereinafter referred to as Point "F thence continuing N76 55'01 "E 14.49 feet; thence N89 39'34 "E 109.34 feet; thence NO2 49'21 "W 2.00 feet to a point hereinafter referred to as Point "G thence continuing NO2 °49'21 "W 11.68 feet to a point hereinafter referred to as Point "H thence NO2 01'26 "E 78.68 feet to a point hereinafter referred to as Point "1 thence continuing NO2 °01'26 "E 82.87 feet to a point hereinafter referred to as Point "J thence continuing NO2 01'26 "E 39.68 feet; thence N72 59'32 "W 101.82 feet to a point hereinafter referred to as Point "K thence N80 25'47 "W 16.51 feet to a point hereinafter referred to as Point "L thence continuing N80 25'47 "W 23.63 feet; thence N86 34'16 "W 39.78 feet to a point hereinafter referred to as Point "M thence continuing N86 34'16 "W 63.00 feet to the terminus of the herein described centerline. 78 -006 5 -6 -81 Centerline No. 5 BEGINNING at the aforementioned Point "E thence S62 34'20 "W 195.21 feet to a point hereinafter referred to as Point "0 thence continuing S62 34'20 "W 7.00 feet to a point hereinafter referred to as Point "N thence continuing S62 34'20 "W 63.67 feet; thence N29 03'48 "W 65.08 feet; thence NO3 36'41 "E 42.44 feet to the north line of said Parcel A and the terminus of the herein described centerline. Centerline No. 6 BEGINNING at the aforementioned Point "D thence N74 05'28 "E 25.40 feet to the terminus of the herein described centerline. Centerline No. 7 BEGINNING at the aforementioned Point "F thence S13 04'59 "E 44.49 feet to the terminus of the herein described centerline. EXHIBIT "C -1" Centerline No. 8 BEGINNING at the aforementioned Point "G thence S62 28'47 "E 53.22 feet to the terminus of the herein described centerline. Centerline No. 9 BEGINNING at the aforementioned Point "H thence S87 °33'55 "W 22.06 feet to the terminus of the herein described centerline. Centerline No. 10 BEGINNING at the aforementioned Point "I thence S87 58'34 "E 24.55 feet to the terminus of the herein described centerline. Centerline No. 11 BEGINNING at the aforementioned Point "J thence S87 °58'34 "E 24.38 feet to the m terminus of the herein described centerline. Centerline No. 12 4 BEGINNING at the aforementioned Point "K thence S12 08'27 "W 23.23 feet to the terminus of the herein described centerline. OD Centerline No. 13 BEGINNING at the aforementioned Point "L thence .S09 '13"W 42.18 feet to the terminus of the herein described centerline. Centerline No. 14 BEGINNING at the aforementioned Point "N thence S27 25'40 "E 23.00 feet to the terminus of the herein described centerline. Centerline No. 15 BEGINNING at the aforementioned Point "0 thence S28 23'52 "E 22.31 feet to a point hereinafter referred to as Point "P thence continuing S28 23'52 "E 137.98 feet; thence S22 °31'54 "W 50.33 feet; thence 555 °14'57 "W 42.20 feet; thence N89 53'42 "W 94.88 feet; thence N85 °48'29 "W 58.11 feet to the west line of said Parcel A and the terminus of the herein described centerline. Centerline No. 16 BEGINNING at the aforementioned Point "P thence 561 36'08 "W 9.16 feet to the terminus of the herein described centerline. TOGETHER with Centerline No. 17 That portion of Parcel A, City of Tukwila Boundary Line Adjustment No. 5-79, as recorded under Recording No. 7906150924, being a portion of Lots 9 and 10, Interurban Addition to the City of Seattle, recorded in Volume 10 of Plats, page 55, records of King County, Washington, lying within a strip of land 5.00 feet in width, being 2.50 feet on each side of the following described centerline; BEGINNING at the aforementioned Point "M thence NO3 25'44 "E 43.71 feet to the terminus of the herein described centerline. TRIAD ASS OCIATFS 11415 N.E.128 H STREET KIRKLAND, WA 88033 EXHIBIT "C -2" WRITTEN BY CHECKED BY COMPARED/ SUNW00D PHASE 11 78 -006 Water Easement Description 15 JAN 1982 Exhibit C -3 That portion of Tracts 8 and 9, Interurban Addition to the City of Seattle according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington and of Vacated South 152nd Street, lying within a strip of land 24.00 feet in width, being 12.00 feet on each side of the following described centerline: Beginning at the southwest corner of Lot 10, said plat of Interurban Addition; thence NO2 08'21 "E along the west line thereof 285.00 feet; thence S88 25'27 "E 108.00 feet; thence S28 25'27 "E 25.00 feet; thence N61 34'33 "E 155.00 feet; thence N28 25'27 "W 114.00 feet; thence N61 34'33 "E 29.00 feet to the TRUE POINT OF BEGINNING; thence N26 09'08 "W 99.26 feet; thence N23 51'00 "W 135.50 feet to a point of curve; thence on a curve to the right, having a radius of 120.00 feet, through a central angle of 21 02'21" an arc distance of 44.06 feet to a point of reverse curve; thence on a curve to the left, having a radius of 120.00 feet, through a central angle of 16 25'44 an arc distance of 34.41 feet to a point of reverse curve; thence on a curve to the right, having a radius of 120.00 feet, through a central angle of 21 22'44" an arc distance of 44.78 feet; thence NO2 08'21 "E 142.07 feet; thence S88 25'27 "E 171.04 feet to a point of curve; thence on a curve to the right, having a radius of 100.00 feet, through a central angle of 18 02'12 an arc distance of 31.48 feet, said strip of land now being 10.00 feet in width, being 5.00 feet on each side of the centerline; thence N48 06'34 "E 151.05 feet to the south line of the north 5.00 feet in width of said Lot 8; thence S88 25'27 "E along said south line 72.76 feet; thence S05 26'18 "E 155.83 feet to a point herein- after called "Point X thence N87 16'07 "E 125.99 feet to the east line of said Lot 8 and the terminus of this described centerline. TOGETHER WITH that portion lying within a strip of land 10.00 feet in width, being 5.00 feet on each side of a centerline beginning at aforementioned "Point X thence 505 32'30 "E 115.49 feet to the terminus of this described centerline. Exhibit C -3 TRIAD ASSOCIATES 11416 N.E. 128TH Ma? KIRKLAND, WA 98033 WRITTEN BY CHECI;EC BY T C+ rl t r. n r Park Place Easement EXHIBIT "D" TRIAD ASSOCIATES 1650 -11 ZTH AVF IJI K.Y. BEUIWZ'. WA 118C04 78 -006 May 14, 1979 An easement for ingress, egress, utilities, and drainage over that portion of Lots 9, 10, 11, Interurban Addition to the City of Seattle according to the plat recorded in Volume 10 of Plats, page 55, in King County, Washington, described as follows: Beginning at the northeast corner of said Lot 11; thence S01 °21'40 "W r along the east line thereof 164.93 feet to a point of curve and the 4. TRUE POINT OF BEGINNING; thence on a curve to the right having a radius C5 of 20.00 feet thru a central angle of 90 °00'00" an arc distance of 31.42 feet; thence N88 °38'20 "W 158.15 feet to a point of curve; thence 4 on a curve to the right having a radius of 37.50 feet, thru a central C angle of 45 °00'00" an arc distance of 29.45 feet; thence N43 °38'20 "W 53.33 feet to a point of curve; thence on a curve to the right having a radius of 37.50 feet, thru a central angle of 45 °00'00" an arc distance of 29.45 feet; thence N01 °21'40 "E 50.15 feet to a point of curve; thence on a curve to the right having a radius of 277.50 feet, thru a central angle of 9 °54'20 an arc distance of 47.98 feet; thence N11 16'00 "E 16.00 feet to a point'of curve to the left having a radius of 172.50 feet, thru a central angle of 26 °51'00 an arc distance of 86.86 feet; thence N17 °35'00 "W 42.71 feet to a point of curve;thence on a curve to the right having a radius of 158.18 feet thru a central angle of 18 0 43'00" an arc distance of 51.67 feet to a point of reverse curve; thence on a curve to the left having a radius of 105.00 feet, thru a central angle of 29 °33'27" an arc distance of 54.17 feet; thence N28 °25'27 "W 37.43 feet to a point of curve; thence on a curve to the right having a radius of 110.00 feet, thru a central angle of 18 °17'51" an arc distance of 35.13 feet; thence N10 °07'36 "W 39.37 feet to a point of curve to the left having a radius of 140.00 feet, thru a central angle of 18 °17'51 an arc distance of 44.71 feet; thence N28 °25'27 "W 95.75 feet to the southeaster line of Parcel C as shown on the City of Tukwila Boundary Line Adjustmen No.BLA 5'79 and recorded under King County Receiving No. 19C I 'SC9L1 thence S61 °34'33 "W along said southeasterly line 30.00 feet; thence S28 °25 "E 95.75 feet to a point of curve; thence on a curve to the right having a radius of 110.00 feet, thru a central angle of 18 °17'51" an arc distance of 35.13 feet; thence S10 °07'36 "E 39.37 feet to a point of curve; thence on a curve to the left having a radius of 140.00 feet thru a central angle of 18 °17'51" an arc distance of 44.71 feet; thence S28 °25'27 "E 37.43 feet to a point of curve; thence on a curve to the right having a radius of 75.00 feet, thru a central angle of 29 °33'27" an arc distance of 38.69 feet; thence S01 °08'00 "W 30.10 feet to a point of curve to the left having a radius of 232.44 feet thru a central angle of 18 °43'00" an arc distance of 75.93 feet to a point of reverse curve; thence on a curve to the right having a radius of 130.50 feet, thru a central angle of 28 °51'00" an arc distance of 65.71 feet; thence S11 °16'00 "W 16.00 feet to a point •of curve; thence on a curve to the left having a radius of 319.50 feet thru a central angle of 9 °54'20" an arc distance of 55.24 feet; thence S01 °21'40 "W 50.15 feet to a point of curve; thence on a curve to the left having a radius of 79.50 feet thru a central of 45 °00'00" an arc distance of 62.44 feet; thence S43 °38'20 "E 53.33 feet to a point of curve; thence on a curve to the left having a radius of 79.50 feet, thru a central angle of 45 °00'00" an arc distance of 62.44 feet; thence S88 °38'20 "E 158.15 feet to a point of curve; thence on ,a curve to the right having a radius of 20.00 feet, thru a central angle of 90 °00'00" an arc distance of 31.42 feet to a point of tangency on the east line of said Lot 11, thence N01 °21'40 "E along said east line 82.00 feet to the TRUE POINT OF BEGINNING. WRITTEN Br_ rur -1 r